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there in the first amendment. >> i don't think so because the case law has suggested it does not test the neutral magistrate does not need to be a judge or lawyer. could be someone who is a court clerk. it could be someone inside the executive branch who could count as a judge for fourth amendment purposes. this goes back to the difficulty of figuring out how to categorize search warrant applications. the fact that you can have a non-judge issue a search warrant takes it outside of the and suggestsystem that may not be a judicial function. is usually a gray area. there are extraordinary context where you can pursue, seek to challenge. >> traditionally the understanding has been no. there has been some disagreement and the title iii setting. that is another murky area. a gray zone. i would like to turn to a totally different topic. our statute requires us to specificthe need for action taken to protect against terrorism and balance that need. one thing that i think is very difficult to articulate is what makes a program effective? cannot simply be the program has affect -- an effective it has thwa
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